Penal Code, 1860
(for short the ' IPC ') and Section 3 (1) (xi) of the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities ... custodial sentence for offences relatable to Section 448 IPC and
Section 3 (1)(xi) of the Act respectively. No separate sentence was
imposed
1) SCC 215, 2003 AIR SCW 6511, 2003 (7) SLT 219, 2003 (9) SCALE 581, 2004 (1) SRJ 501, 2004 (1) BLJR 497, 2004 (1 ... INDLD 225, (2004) 1 BOMCR(CRI) 752, (2004) 48 ALLCRIC 1, (2004) 1 CAL LJ 108, (2004) 1 ALLCRILR
offences under Sections 354 and 341 Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Artrocities ... means an offence punishable under Section 3 . That shows that the offence punishable under Section 3(1)(xi) will come under the term "atrocity
1997,
whereby the appellant/accused was convicted under Section 3(1)
(xi) of SC/ST Act and sentenced him to undergo ... section 1 of Section 3 has
been substituted by the Act No.1 of 2016. Prior to
substitution, Section 3(1)(xi) stood as under
been tried for charges under Sections 3(1) (iii) , 3(1) (xi) and 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ... 1 year RI and fined Rs.1,000/- in default 3 months S.I;
A-2 & A-3
(i) Section 3(1)(xi
offence punishable under
Section 354 of I.P.C and Section 3(1)(xi) of SC/ST (Prevention
of Atrocities) Act, 1989 (hereinafter ... scheduled tribe and therefore
no offence punishable under Section 3(1)(xi) of the Special Act
is made out. Learned counsel for the appellant
submitted before the Special Court.
3. On being charged with the offence punishable under Section
3(1)(xi) only, the appellant pleaded false implication ... belongs to a Scheduled Caste.
:: 3 ::
Cri. Appeal No.239/1996
(c) No offence under Section 3(1)(xi) would be made
light of aforesaid framed charge of Section 3 (1) (x)
and 3 (1) (xi) of the Act and on such appreciation, by extending the
benefit ... benefit of
doubt from the charge of Section 3 (1) (x) and 3 (1) (xi) of the Act. In
the available circumstances, of the case
adding Additional Charge Punishable for the Offences u/s 3(1)(x) and
3(1)(xi) of the Sc/St Poa Act and Charges framed ... Offences u/s 302
of IPC and u/s 3(1)(x) and 3(1)(xi) of the Sc/St Poa Act 1989 as against
1 and 3 for the offences punishable under Sections
376(2)(g), 392 r/w 34 of IPC and Sections 3(1)(xi) , 3 ... 1, the alleged incident did not take place on account of she
belongs to scheduled caste. Therefore, the ingredients of
Sections 3(1)(xi